407 Phil. 967
VITUG, J.:
"That on or about 10:00 o'clock in the evening of April 20, 1996, at Sitio Binandosan, Barangay Christianuevo, Municipality of Lebak, Province of Sultan Kudarat, Philippines, and within the jurisdiction of this Honorable Court, the said accused, with lewd and unchaste designs, and by means of force and intimidation and violence, did then and there, wilfully, unlawfully and feloniously, lie and succeeded in having carnal knowledge of ELSIE NINANG against her will and consent."[3]Accused Fortunato Balano pleaded "not guilty" to the charge when arraigned.
"WHEREFORE, upon all the foregoing considerations, the Court finds the accused, Fortunato Balano, guilty beyond reasonable doubt of the crime of rape. Accordingly, the Court hereby sentences the accused, Fortunato Balano:In this appeal, Fortunato Balano insists that he is innocent, and he seeks a reversal of his conviction. The Office of the Solicitor General, in the Appellee's brief, maintains otherwise.
"a) to suffer the penalty of RECLUSION PERPETUA;
"b) to indemnify the private offended victim, Elsie Ninang, in the amount of P50,000.00 by way of moral damages, and the further amount of P20,000.00 as exemplary damages, conformably with current jurisprudential policy; and
"c) to pay the costs.
"Being a detention prisoner, the accused, Fortunato Balano, is entitled to full credit of the entire period of his preventive imprisonment, in accordance with Article 29 of the Revised Penal Code, as amended by R.A. No. 6127, provided he had agreed in writing to abide by the same disciplinary rules imposed upon convicted prisoners, otherwise, with only four-fifths (4/5) thereof."[4]
The imputation by accused-appellant of an ill-motive on the part of the private complainant is too flimsy to be given credence. A plain housewife would not unduly just subject herself to so humiliating a public scrutiny as that which is attendant in criminal accusations of this nature. It would also be quite unlikely for her to risk ridicule or possible alienation from family and friends.[7]
"FISCAL VALENSON: "Q On April 20, 1996, in the evening, do you remember where did you sleep? "A In our house, sir. "Q Who were your companions in your house when you sleep there? "A My daughter and my niece, sir. "Q You said you are married. Where did your husband sleep on April 20, 1996? "A In Kumalawit, Lebak, Sultan Kudarat, sir. "Q How far is that place from your house? "A It is very far, sir. "Q On April 20, 1996, when you sleep in your house at around 10 o'clock in the evening, do you remember who came to your house?"A Yes, sir. "Q Who was that person who came to your house? "A It was Fortunato Balano, sir. "Q When you slept in your house on that evening of April 20, 1996, did you lock the door of your house? "ATTY. GUERRERO: Leading, your honor. "COURT: Reform the question. "FISCAL VALENSON: "Q Where did this Fortunato Balano pass when he get inside your house? "ATTY. GUERRERO: No basis, your honor. "COURT: Was that testified by the witness? "FISCAL VALENSON: Yes, your Honor. "COURT: "Q What do you mean when you said Fortunato Balano went to your house on that evening of April 20, 1996?"A He went to our house, your honor. "Q Inside your house or outside? "A Inside, your honor. "FISCAL VALENSON: "Q When this Fortunato Balano came to your house, were you already sleeping or not yet? "A I was asleep at that time, sir. "Q And when this Fortunato Balano get inside your house that evening of April 20, 1996, do you know what did Fortunato Balano do in your house?"ATTY. GUERRERO:
Incompetent. She was sleeping then, your honor. "COURT: "Q How did you know that Fortunato Balano was inside your house at about 10 o'clock in the evening of April 20, 1996, when you said that you were asleep?"A I woke up when he was already inside or upstairs, your honor. "Q Why. Did you expect him to arrive in your house at about 10 o'clock in the evening of April 20, 1996. "A No, your honor. "Q How did it happen you wake up when you said you were asleep at about that time? "A He was bringing a flashlight, your honor, and the light reflected on me, your honor. "Q Are you telling the Court that by reason of the light coming from the flashlight that you were awaken? "A Yes, your honor. "FISCAL VALENSON: "Q And when you said you wake up while this Fortunato Balano was in your house using a flashlight, what happened next?
"A He immediately choked me and boxed me and he tried to kill me, sir. "Q And when he choked you and boxed you and he said he will kill you, what did you response to him? "A After boxing me, sir, or after mauling me, I was unconscious. "Q Why. How many times did this Fortunato Balano boxed you? "A Several times, sir. "Q What part of your body was hit when he boxed you many times? "A On my left chest, on the lower portion of my breast right side, sir, and on my abdomen. "Q After you were boxed several times by Fortunato Balano and you lost consciousness, after that, what happened to you?"ATTY. GUERRERO: Your honor. . . "FISCAL VALENSON: "Q How many hours or minutes were you able to regain consciousness? "A For a long time, sir. "Q Ten minutes, 15 minutes or 30 minutes? "A Maybe about 30 minutes more or less, sir. "Q When you regained consciousness, what did you discover? "A I was totally naked, sir. "Q And when you noticed that you were totally naked, where was then this Fortunato Balano at that time? "A He was on my side, sir. "COURT: "Q Standing? "A He was sitting, your honor. "Q What about you, what was your position at that time? "A I was lying, your honor. "FISCAL VALENSON: "Q And when regain consciousness and you noticed that you were naked, what else did you do? "A I stood up and I fell the semen coming out from my private part. "Q How did you find that? "A Because I touched that with my finger, sir. "Q And at that time, what did this Fortunato Balano do next? "A Fortunato Balano embraced me and he pointed his knife on my left side and told me to go with him. "Q And when he told you to go with him, what was your response to him? "A I told him why he wanted me to go with you since you have a family. "COURT: "Q What do you mean by that? "A Because the wife of Fortunato Balano and my husband are brother and sister, your honor. "FISCAL VALENSON: "Q At the time when this Fortunato Balano embraced you and pointed a knife to you and told you to go with him, was he dressed or was he naked at that time?"A He was naked, sir. "Q He has no underwear? "A None, sir. "Q Now, when you told him why should I go with you when you were already married, what was the response of Fortunato Balano?"A He told me that if I will not go with him he prefer to left me behind dead or go with him alive. "Q And when he told you that way, what did you answer him? "A I told him do not do that to me because I have no parents here and my husband is not around. "Q And when you told that way to him, what did he do next? "A He still continued pointing his bolo on my side, sir. "COURT: "Q How big or long was that bolo? "A About this, your honor, more than two feet. "Q Was that bolo pointed or no? "A Yes, your honor. "FISCAL VALENSON: "Q After that, what else happened? "A After that, sir, I told him to better go home because it was already night time and at that time it was raining and his wife might be looking for him and I told those words in a nice way because he was threatening to kill me, sir."Q And when you said those words, what did Fortunato Balano do next? "A He left, sir. "Q You testified a while ago that you touched your vagina and you noticed sperm cell. When you noticed that sperm cell, what came to your mind?"A He really abused me, sir. "Q Why do you say that? "A Because of that fluid that come out from my private part, sir. "Q Before April 1996, how long have you known this Fortunato Balano? "A For quite a long time, sir. "Q If you are ask to identify this Fortunato Balano, will you be able to identify him? "A Yes, sir, that person. (WITNESS POINTING TO A PERSON INSIDE THE COURTROOM WHO WHEN ASKED HIS NAME STOOD UP AND ANSWERED THAT HIS NAME IS FORTUNATO BALANO)."[6]
Accused-appellant assails the credibility of Richeryll's testimony in failing to provide the description of her mother's clothes at the time of the incident. Given Richeryll's tender age and her trauma in witnessing the assault on her mother, the child-witness cannot be expected to recall every detail of the incident. Indeed, the minor lapses in her testimony should tend to buttress, rather than weaken, her credibility.[10]
"FISCAL: "Q At around 10:00 o'clock in the evening of April 20, 1996, do you remember who come to your house? "A Yes, sir. "Q Who was that person? "A It was Fortunato Balano, sir. "Q When this Fortunato Balano came to your house what did he do there? "A He choked my mother, sir. "Q What else did he do? "A He boxed my mother, sir. "Q When you saw this Fortunato Balano choked your mother, what did you do? "A I shouted and this Fortunato Balano told my mother like this, `stop your daughter from shouting or else I will kill her.'"Q And after that what happened? "A He undressed my mother, sir. "Q What about you what did you do after that? "A I covered myself with a blanket, sir. "Q And how were you able to see that Fortunato Balano undressed your mother? "A Because while covering myself with a blanket I was able to see that act because my other eye was left uncovered, sir."Q After Fortunato Balano undressed your mother what did he do to your mother? "A He also undressed himself, sir. "Q And after that what did he do next? "A He placed himself on top of my mother, sir."[9]
"ART. 335. When and how rape is committed. - Rape is committed by having carnal knowledge of a woman under any of the following circumstances.There being neither mitigating nor aggravating circumstance alleged or proved, the sentence of reclusion perpetua pronounced by the court a quo conforms with law.
"1. By using force or intimidation;
"2. When the woman is deprived of reason or otherwise unconscious; and
"3. When the woman is under twelve years of age or is demented.
"The crime of rape shall be punished by reclusion perpetua.
"Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.
"When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be death.
"When the rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death.
"When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death.
"The death penalty shall also be imposed if the crime of rape is committed with any of the following attendant circumstances:
"1. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim.
"2. When the victim is under the custody of the police or military authorities.
"3. When the rape is committed in full view of the husband, parent, any of the children or other relatives within the third degree of consanguinity.
"4. When the victim is a religious or a child below seven (7) years old.
"5. When the offender knows that he is afflicted with Acquired Immune Deficiency Syndrome (AIDS) disease.
"6. When committed by any member of the Armed Forces of the Philippines or the Philippine National Police or any law enforcement agency.
"7. When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation."